Sponsored by:
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
SYNOPSIS
Directs Department of Human Services to establish annual 60 day child support amnesty period.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning amnesty for child support delinquencies and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Department of Human Services, in consultation with the Probation Division, shall establish in each county an annual child support amnesty period, not to exceed 60 consecutive days in duration, when any child support obligor who has failed to make any child support payment may appear at a designated time and place to pay on or before the last day of the amnesty period the amount of that arrearage without executing on any outstanding arrest warrant, and without the imposition of any civil or criminal penalties arising out of an obligation to pay child support or arrears imposed under this State or any State.
b. If the obligor is unable to pay the full amount of the arrearage, the Department is authorized to enter, during the 60 day period, into an agreement with the obligor establishing terms for the payment of the arrearage, or for the forgiveness of State-owed debt. The director of the Office of Child Support shall be authorized to waive the imposition of any non-mandatory or non-automatic enforcement sanctions including but not limited to license suspension for the duration of the period of the agreement and for as long as the obligor is in compliance with the terms of the agreement.
c. A violation of the terms of the agreement can result in the resumption of child support enforcement procedures against the obligor.
2. This act shall take effect immediately.
STATEMENT
In 2004 and again in 2014 the New Jersey Department of Human Services sponsored amnesty periods for delinquent child support obligors, creating an opportunity for obligors to make new agreements to pay arrearages and avoid significant consequences from failure to make timely payments, such as arrest on outstanding warrants and license suspension. It is the sponsor’s view that this opportunity should be a regular feature of the child support program in New Jersey, permitting a regular opportunity for obligors to address delinquencies while avoiding consequences that impact the ability to earn and pay child support.
This bill directs the Department of Human Services Services, the State IV-D agency responsible for the overall supervision of the child support program in New Jersey, in consultation with the Probation Division, to establish in each county an annual child support amnesty period, not to exceed 60 consecutive days in duration. During the amnesty period, any delinquent obligor may pay arrearages or, if unable to make full payment, reach a payment plan regarding back pay and future payments, or for the forgiveness of State-owed debt. In any event, they would not face potential arrest, and may be able to negotiate the removal of other consequences such as license suspensions or arrest warrants.